Shardadevi Surendrasinh … vs State Of Gujarat on 10 August, 2017

R/CR.MA/18638/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 18638 of 2017

SHARDADEVI SURENDRASINH BUTOLA(RAJPUT)….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR K J PANCHAL, ADVOCATE for the Applicant(s) No. 1
MS JIRGA JHAVERI, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1

CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

Date : 10/08/2017

ORAL ORDER

1. Heard learned advocate for the applicant and learned
APP for the respondent-State.

2. This application is filed under Section 439 of the Code of
Criminal Procedure, 1973, for bail in connection with C.R.
No. I – 19 of 2017 registered with Amraiwadi Police Station for
the offences punishable under Sections 498A, 306 and 114 of
the Indian Penal Code read with Sections 3 and 7 of the
Dowry Prohibition Act.

3. Considering the fact that similarly situated co-accused – father-
in-law of the deceased has been admitted to bail by this Court by
an order dated 28.6.2017 passed in Criminal Misc. Application No.
14641 of 2017, as also the nature of accusation against the
petitioner and in absence of any apprehension of the petitioner
tampering with the evidence or threating the witnesses; fleeing

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R/CR.MA/18638/2017 ORDER

from justice, at this stage, without discussing the evidence in
detail, the case for admitting the petitioner to bail is made out.

4. Hence, the application is allowed and applicant is ordered
to be released on bail in connection with C.R. No. I – 19 of
2017 registered with Amraiwadi Police Station, on
executing a bond of Rs.10,000/- (Rupees Ten Thousand only)
with one surety of the like amount to the satisfaction of the
trial Court and subject to the conditions that she shall;

[a] not take undue advantage of liberty or misuse
liberty;

[b] not act in a manner injurious to the interest of the
prosecution;

[c] surrender her passport, if any, to the lower court
within a week;

[d] not leave the territory of India without prior
permission of the Sessions Judge concerned;

[e] mark presence in the concerned police station once
in a calendar month;

[f] furnish the present address of residence along with
the proof to the I.O. concerned and also to the
Court at the time of execution of the bond and shall
indicate change of residential address if any to the
trial court.

5.1 The competent authority will release the applicant only if
she is not required in connection with any other offence for
the time being.

5.2 If breach of any of the above conditions is committed, the
Sessions Judge concerned will be free to take appropriate

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R/CR.MA/18638/2017 ORDER

action in the matter.

5.3 Bail bond to be executed before the lower court having
jurisdiction to try the case.

5.4 It will be open for the concerned Court to delete, modify
and/or relax any of the above conditions in accordance with
law.

5.5 At the trial, the trial court shall not be influenced by the
observations of preliminary nature, qua the evidence at this
stage, made by this Court while enlarging the applicant on
bail.

6. Rule made absolute to the aforesaid extent. Direct service
is permitted.

(G.R.UDHWANI, J.)
syed/

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